GENERAL TERMS AND CONDITIONS
It is the customers responsibility to ensure the rooms in which the furniture has adequate space to build the agreed furniture. Any waiting time due to space being made whilst we are at the property is chargeable at the rate of £30 per hour / man.
All items of furniture must be located in the room in which they re to be assembled. Any moving of boxes of furniture is chargeable unless agreed upon before hand in the quotation we provide you.
The customer is liable for ensuring that all furniture or parts that we have quoted to assemble are available when the workmen attends the customer premises to assemble the furniture. All quotes based on the job being completed in one day unless otherwise explicitly stated by us. Payment is due before we leave the customers property.
The quote we provide is based on there being adequate space for the items of furniture to be built. All extra modification work needs to be declared in advance so our price can be amended accordingly.
IKEA PAX – if your PAX wardrobe has less than the recommended ceiling clearance for construction and requires an upright build, you must tell us in advance so we can quote accordingly. Otherwise our quote will be for the PAX being built on the floor. The PAX sliding door wardrobes also need adequate clearance of at least 15cm on one side to allow for the correct fitting of the doors.
Removal of waste packaging: (see 17.1) Please ask for a quote to remove packaging in advance.
We do not fix furniture to the wall unless explicitly stated in advance. The basic cost for fixing is £10/ item including fixings.
If we cannot build the customers furniture due to the above conditions, then the quote still must be paid in full.
1 Parties, Definitions and Interpretation
1.1 In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by We Love Flatpacks “We Love Flatpacks” means We Love Flatpacks Limited (“We Love Flatpacks” or, as the case may be a franchisee of We Love Flatpacks carrying on business pursuant to a Franchise Licence Agreement entered into with We Love Flatpacks, or as the case may be a third party subcontractor carrying on business pursuant to an agreement entered into with We Love Flatpacks), “Contract” means the agreement between the Customer and We Love Flatpacks to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and We Love Flatpacks (“the Agreement”)) the Agreement, “Works” means the works described in We Love Flatpacks’s estimate or Quotation and/or as referred to in We Love Flatpacks’s Work Detail Sheet or any other document or email issued by We Love Flatpacks, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2.1 The Customer will be treated as an Account Customer or Non-Account Customer, according to We Love Flatpacks’s reasonable discretion.
2.2 All estimates and Quotations given by We Love Flatpacks, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between We Love Flatpacks and the Customer, except where these terms are a schedule to a signed or emailed Agreement between the Customer and We Love Flatpacks, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that We Love Flatpacks has not made any representations (other than any expressly stated in the Contract and/or in We Love Flatpacks’s estimate or Quotation), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the Customer and We Love Flatpacks for the performance of the Works (and detailed in paragraph 4 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of We Love Flatpacks of any documentation of the Customer shall not imply any modification of the contract.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person, which exists or is available apart from that Act.
3 Estimates and variations to the price
3.1 Any estimate which may be given either verbally or in writing by We Love Flatpacks is subject to withdrawal by We Love Flatpacks at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within twenty eight (28) days from its date
3.2 Unless otherwise specified by We Love Flatpacks in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to We Love Flatpacks. We Love Flatpacks’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with We Love Flatpacks’s Schedule of Rates applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, We Love Flatpacks reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to We Love Flatpacks in the cost of relevant materials, labour, equipment hire or transport since the date upon which We Love Flatpacks’s estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired
3.3 We Love Flatpacks reserves the right to charge a fee for the collection of materials from its suppliers except with respect to work for which there is an estimate. If the collection occurs whilst We Love Flatpacks is on site, the time taken will be treated as an addition to the and charged at the relevant rate. If the materials are ordered for subsequent collection and delivery, a charge may be made by We Love Flatpacks of £50 plus VAT. Materials will be supplied at cost net after We Love Flatpacks discounts plus We Love Flatpacks normal mark-up to cover handling, stock maintenance etc.
3.4 We Love Flatpacks Schedule of Rates is available on line or for inspection at We Love Flatpacks’s premises during normal business hours. The Schedule of Rates specifies half hourly rates. Charges are made by the half hour, rounded up to the next half hour, there is therefore a minimum charge of one hour.
3a.1 Unless otherwise specified by We Love Flatpacks where the Customer is provided with a fixed price Quotation by We Love Flatpacks that fixed price shall be valid and open for acceptance within twenty eight (28) days unless a longer time is specified on the face of the Quotation and, if not so accepted within the designated period shall be deemed withdrawn.
Any extra work not declared in the customers original request and not included in our fixed price quote such as modifications to furniture is chargeable at a £49 call out charge for the first hour plus £30 / hr per man.
It is the customers responsibility to ensure furniture fits into the space required and is fit for purpose before we arrive. Any extra time we incur waiting for unplanned decisions is chargeable.
3a.2 Before the commencement of work We Love Flatpacks reserves the right to require the Customer to pay an initial payment of 50% (or such greater sum if so required) against the full Quotation Value on all quoted Works above £1000.00
4 The Works
4.1 All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
5 The Price
5.1 The price payable by the Customer is calculated as specified in paragraph 3 above and shall be stated on the Invoice/Job Sheet or where no price is stated our current standard price for the services provided. The charge shall consist of the cost of materials supplied by the Company and the amount of time spent in undertaking the Works (including reasonable time spent obtaining unstocked parts and materials as stated in 3.3 above) charged in accordance with the Company’s current Schedule of Rates.
5.2 Unless otherwise stated, the price and all estimates and Quotations provided by We Love Flatpacks are shown exclusive of Value Added Tax at the prevailing rate which will be payable in addition where properly chargeable.
6.1 Non-Account Customers: Payment by the Customer is due on completion of the Works or after each day of work carried out, We Love Flatpacks will judge the percentage of work done on the day and require that percentage of work on the day of works. Payment must be made on such completion. Payment can be made by cash, Visa, Mastercard, Maestro, or BACS.
6.2 Account Customers: We Love Flatpacks will seek to submit invoices to Customers within 1 day of completion of the Works and subject to paragraph 8 below, payment must be made by the Customer within 10 days after the date of issue of the invoice, unless other terms have been agreed.
6.3 The customer will remain liable for payment of the full cost of the original quote on the day of the attendance of the We Love Flatpacks team irrespective of whether the full list of furniture items is present. It is the customers responsibility to ensure they have all the items that we have quoted for at the property on the day we arrive. Any missing furniture built at a later date is treated as a new job and a new quote is required from us before work is carried out.
6.4 Snagging: Where the Works have been priced by way of a fixed price Quotation and have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to We Love Flatpacks without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalization of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
6.5 Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless We Love Flatpacks has agreed otherwise in writing.
6.6 We Love Flatpacks shall be entitled to interest on a daily basis and reserve the right to charge such interest on any amount not paid on the due date for payment from such due date until payment in full at 5% above the bank of England base rate at the relevant time.
6.7 We Love Flatpacks shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
7 Commencement and Completion Dates
7.1 Dates specified for the commencement and completion of the Works are estimates only. We Love Flatpacks shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late delivery of materials. Time shall not be of the essence of the Contract except as provided for in paragraph 16 below.
8 Inspection of the Works
8.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.
The Customer shall indemnify We Love Flatpacks against all actions, suits, claims, demands, losses, charges, costs and expenses which We Love Flatpacks may suffer or incur in connection with a claim by any third party resulting from a breach of the Customers obligations, undertakings, representations and warranties in connection with this Contract.
10 Whole Agreement and Exclusion of Liability
10.1 These terms set out We Love Flatpacks’s entire liability in respect of the Works and We Love Flatpacks’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
11 Limitation of Liability and Liability of We Love Flatpacks
We Love Flatpacks’s liability shall be limited to:
11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above.
11.2 liability for death or personal injury resulting from negligence in the course of carrying out We Love Flatpacks’s duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customers property if such loss or damage results from We Love Flatpacks’s negligence or that of its employees, agents, franchisees, or sub- contractors and the Customer incurs such costs.
12.1 The Customer shall provide clear access to enable We Love Flatpacks to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with the carrying out of the Works. The Customer will at all times provide a safe working environment for We Love Flatpacks and its employees, agents, franchisees and sub-contractors for the purposes of carrying out the works. Where applicable to drainage works, the Customer will provide, if possible a plan showing drain layouts. If this is not available, We Love Flatpacks reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3.2 above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Customer must obtain any permission for We Love Flatpacks to proceed over property belonging to third parties. The Customer shall indemnify We Love Flatpacks against all claims of whatsoever nature made by third parties arising out of the presence of We Love Flatpacks its employees, agents, franchisees or sub-contractors on the Customer’s property save where such claim results directly from negligence on We Love Flatpacks’s part. The Customers shall be liable to We Love Flatpacks for all loss of damage whether direct, indirect or consequential which is suffered by We Love Flatpacks as a result of failure or delay by the Customer in performing the obligations referred to above.
13.1 Subject to paragraph 8 above and the exclusions listed below, We Love Flatpacks undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of We Love Flatpacks’s obligations under the Contract and provided that details of the defect are notified by the Customer to We Love Flatpacks in writing with such period that We Love Flatpacks and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by We Love Flatpacks and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If We Love Flatpacks returns to the site at the Customers request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of We Love Flatpacks, We Love Flatpacks reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work originally carried out and completed by We Love Flatpacks or where payment has not been made in full for such work. Exclusions are:
– Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by We Love Flatpacks
– Systems or structures not installed by We Love Flatpacks
-Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to We Love Flatpacks prior to the work having been undertaken.
-Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than We Love Flatpacks)
– Structural defects encompassing but not limited to subsidence and its resultant effect
-Damage to drainage systems caused by root penetration or any other outside force
– Any roofing work where We Love Flatpacks advises that the overall condition of the roof is poor and is in need of more extensive work and the work undertaken involves less than 20% of the area of the roof
– Any work to repair an existing lock, or to fit any lock not supplied by We Love Flatpacks
13.2 In circumstances where We Love Flatpacks is unable to offer a guarantee We Love Flatpacks will notify the Customer before any work is carried out
14 Force Majeure
14.1 We Love Flatpacks will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond We Love Flatpacks control.
15 Customer’s Liability
15.1 The Customer shall be liable for:
– Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms
– Providing all necessary power and a clean water supply for We Love Flatpacks’s use in the execution of the contracted works
– The safety of both plant and machinery belonging to or hired in by We Love Flatpacks or its employees, agents, franchisees and sub-contractors and shall indemnify We Love Flatpacks against it’s loss, theft or damage
15.2 The Customer must let We Love Flatpacks know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the Works before such work is started.
15.3 The Customer must provide We Love Flatpacks with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.
16.1 If the Customer cancels the contract without We Love Flatpacks’s consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify We Love Flatpacks against all loss, damage, claims or other actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to We Love Flatpacks’s right to payment in accordance with paragraph 6 above
16.2 If the Customer wishes to cancel an appointment or We Love Flatpacks is unable to gain access to the Customers premises to carry out the Works the Customer will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the initial period of work time. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
16.3 If the Customer cancels the Works to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 3.2 above or pursuant to a Quotation subject to paragraph 3a above the Customer will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
17 Removal of Waste Materials
17.1 Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials and packaging resulting from the Works.
18 Frozen Pipes
18.1 We Love Flatpacks will not be liable for any fracture found in frozen pipes attended by We Love Flatpacks. We Love Flatpacks will not guarantee to clear blockages occurring in a frozen pipe or drain.
19 Drilling into walls
19.1 Any walls that fixings is requested, the customer is required to declare safe for drilling and confirm that no water pipes, electric cables (alive or not), satellite, internet, radio or any other cables that can be damaged lie behind the area that is to be drilled. We Love flatpacks will take no responsibility whatsoever for any damage caused to water pipes, electric cables (alive or not), satellite, internet, radio or any other cables that lie behind the area that is to be drilled and has been declared safe by customer before drilling and fixing is carried out.
19.2 Walls where by furniture, paintings or mirror fixing is requested must be flat and of suitable strength to hold the furniture or paintings requested to be secured there. If they are not, the Customer will be liable to pay a minimum amount equivalent to the call-out charge and the charge due for the initial period of work time. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.
20 Moving packages
20.1 All flat packed furniture must be placed in the room that We Love Flatpacks is required to assemble the furniture in by the customer before We Love Flatpacks arrives on site. Moving boxes into rooms will be charged extra unless otherwise agreed before We Love Flatpacks arrives on site.
21 Missing parts
21.1 It is the customers responsibility to ensure all parts for any furniture that needs to be assembled are present at the time that We Love Flatpacks is required to assemble it. We Love Flatpacks reserves the right to charge the full agreed price if We Love Flatpacks arrives onsite and commences work only to find the work must be stopped due to missing parts. Any extra days assembly that is required is chargeable at normal rates.
22 Damage to furniture or property
22.1 In the unlikely event that We Love Flatpacks damages property during the assembly of products or whilst carrying out any other services provided by We Love Flatpacks, we will make good to a reasonable standard.
19 Waiver, Variation etc
19.1 No waiver by We Love Flatpacks of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against We Love Flatpacks unless sanctioned in writing by We Love Flatpacks. No forbearance or delay on We Love Flatpacks’s part shall prejudice We Love Flatpacks’s rights and remedies under this contract.
20.1 If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provisions held invalid shall not be effected.
These Terms and Conditions shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts